Terms of Services

Effective Date: February 8, 2024

OVERVIEW

This website is operated by National Institute for Metalworking Skills, Inc. ("NIMS", "we", "us" and "our"). NIMS offers this website, including all information, tools and services available from this website (collectively, the "Services") to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated below, referenced herein and/or available by hyperlink (collectively, the "Terms").

By accessing or using our Services and/or purchasing something from us, you agree to be bound by the Terms, which apply to all users of the Services (including, without limitation, users who are browsers, vendors, customers, merchants, and/ or contributors of content).

Please read these Terms carefully before accessing or using our Services. By accessing or using any part of the Services, you (1) represent that you are at least the age of majority in your state or province of residence, and (2) agree to be bound by these Terms. If you do not agree to all the terms and conditions of these Terms, then you may not access the Services.

SECTION 1 - GENERAL CONDITIONS

We reserve the right to refuse to provide the Services to anyone for any reason at any time. Additionally, a breach or violation of any of the Terms may result in an immediate termination of your right to use the Services.

SECTION 2 - YOUR RIGHTS TO USE THE SERVICE

You have a limited, non-exclusive, non-transferable, non-sublicensable, non-assignable right to use the Services as provided in these Terms. Your right to use the Services may be revoked by us at our discretion at any time including for any violation of these Terms by you.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

The material on the Services is provided for general information only and should not be relied upon or used as the sole basis for making decisions. We are not responsible if information made available on the Services is not accurate, complete or current. Any reliance on the material on the Services is at your own risk.

SECTION 4 - MODIFICATIONS TO THE SERVICE

Unless provided otherwise by another agreement you have with us, we reserve the right at any time to modify or discontinue the Services (or any part or content thereof) without notice and we have no obligation to update any information on our Services. We shall not be liable to you or to any third-party for any modification, suspension or discontinuance of the Services unless provided otherwise by another agreement you have with us.

We may also, in the future, offer new Services and/or features of the Services (including the release of new tools and resources), all of which shall also be subject to these Terms.

SECTION 5 - PRODUCTS OR SERVICES

We reserve the right, but are not obligated, to limit or change the services that we offer, including by limiting our services to any geographic region or jurisdiction. We may exercise this right on a case-by-case basis.

All descriptions of services are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any service at any time, unless another agreement you have with us provides otherwise. Any offer for any service made on the Services is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

If you purchase products or services from us outside of a subscription agreement you or your employer has with us, you agree to provide current, complete and accurate purchase and account information for all services or products received or purchased from us. You also agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates as necessary, so that we can complete your transactions and contact you as needed.

SECTION 7 - THIRD PARTY LINKS & TOOLS

Certain content, products and services available via our Services may include materials or tools from third-parties (e.g., links to third-party websites that are not affiliated with us).

We are not responsible for examining or evaluating the content or accuracy of, and we do not warrant and will not have any liability or responsibility for, any third-party content, websites, or tools, or for any other materials, products, or services of third-parties, all of which are provided on an "as is" and "as available" basis, without any warranties, representations or conditions of any kind and without any endorsement.

Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party content, products and services should be directed to the third-party.

SECTION 8 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If you send creative ideas, suggestions, proposals, plans, or other materials or submissions, whether online, by email, by postal mail, or otherwise (collectively, "comments"), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium, any comments that you forward to us. We are and shall be under no obligation to (1) maintain any comments in confidence; (2) pay compensation for any comments; or (3) respond to any comments.

We reserve the right to (but have no obligation to) monitor, edit or remove content that we determine, in our sole discretion, (1) is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable, or (2) violates these Terms or any right of any third party.

You agree that you shall not submit any comments that:

• violate any right of any third-party (including, without limitation, copyright, trademark; privacy, publicity, personality or other personal or proprietary right);
• contain libelous or otherwise unlawful, abusive or obscene material; or
• contain any computer virus or other malware that could in any way affect the operation of the Services or any related website.

You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments submitted by you or any third-party.

You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments.

SECTION 9 - PERSONAL INFORMATION

Your submission of personal information through the Services is governed by our Privacy Policy, which can be viewed here: Privacy Policy

SECTION 10 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our Services that contains typographical errors, inaccuracies or omissions that may relate to services, service or product descriptions, pricing, promotions, offers and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or discontinue products or services if any information on the Services (or on any related website) is inaccurate at any time without prior notice to you.

We have no obligation to update, amend or clarify information on the Services (or on any related website), including, without limitation, pricing information, except as required by law.

No dates specified on the Services (or on any related website) should be interpreted to indicate that all information on the Services (or on any related website) has been modified or updated.

SECTION 11 - PROHIBITED USES

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services, or access to the Services or any content on the Services, without express written permission by us. You must not transmit any worms or viruses or any code of a destructive nature.

In addition to other prohibitions as set forth in the Terms, you are prohibited from using the Services or its content:

1. for any unlawful or unauthorized purpose;
2. to solicit others to perform or participate in any unlawful acts;
3. to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
4. to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
5. to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
6. to submit false or misleading information;
7. to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services or of any related website, other websites, or the Internet;
8. to collect or track the personal information of others;
9. to spam, phish, pharm, pretext, spider, crawl, or scrape;
10. for any obscene or immoral purpose; or
11. to interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet.
12. to create a product or service that copies from or competes with the Services.

SECTION 12 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that (a) your use of our Services will be uninterrupted, timely, secure or error-free, or (b) the results that may be obtained from the use of the Services will be accurate or reliable.

You expressly agree that your use of, or inability to use, the Services is at your sole risk. The Services are (except as expressly stated by us) provided "as is" and "as available" for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall NIMS, or any directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Services, or for any other claim related in any way to your use of the Services, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Services or any content posted, transmitted, or otherwise made available via the Services, even if advised of their possibility.

Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 13 - INTELLECTUAL PROPERTY.

12.1 General. Except for content that is in the public domain, the Services and all content therein, as well as the selection and arrangement of such content, is owned by (or licensed to) NIMS or its suppliers and is protected by copyright, trade secret, trade dress, trademark, unfair competition, and/or other laws and may not be used, copied, publicly displayed or imitated in whole or in part except as expressly provided herein. Except as otherwise expressly provided in these Terms of Service, all rights in and to the Services and all content therein are expressly reserved by NIMS.

12.2 Trademarks. STS and its related logo are trademarks of NIMS, and may not be copied, imitated or used, in whole or in part, without NIMS' prior written permission. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks and/or trade dress of NIMS or its licensors and may not be copied, imitated, or used, in whole or in part, without NIMS' prior written permission.

12.3 Copyrights. Copyright in the pages of this website, the code, text, graphical elements, and the material contained therein and in their arrangement is owned by NIMS, unless otherwise indicated. The materials and elements contained on this website, the design and the layout, may not be copied, compiled, or distributed without the prior written consent of NIMS.

12.4 Policy, Notices and Procedures Regarding Claims of Copyright Infringement. NIMS respects the intellectual property rights of others. If you believe that your work has been copied and is accessible on the Service in a way that constitutes copyright infringement, you may notify our agent as provided in this section. Pursuant to Title 17, United States Code, Section 512(c)(2), NIMS designates Copyright Agent as its agent designated to receive notification of claimed copyright infringement ("Designated Agent"). If you believe your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please provide a notice to the Designated Agent via email at copyright@nims-skills.org.

We may terminate your use and access to the Services if we believe that you are infringing the intellectual property rights of others or are aiding or threatening such infringement.

SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless NIMS and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 - SEVERABILITY

In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 - TERMINATION

These Terms are effective so long as you use our Services. The obligations and liabilities of the parties incurred prior to the termination of these Terms shall survive the termination of these Terms. If you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we may terminate your access to the Services (or any part thereof) at any time.

SECTION 17 - GENERAL TERMS

These Terms and any policies or operating rules posted by us on the Services, or in respect to the Services, constitutes the entire agreement and understanding between you and us and governs your use of the Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms). Notwithstanding the foregoing, the Terms do not supersede any other agreement governing the license or purchase of a product or service from NIMS, including without limitation any Subscription Agreement entered into by you, your current or former employer, or a person or entity with whom or which you are employed by, contracted by or otherwise working with. In the event of a conflict between any such other agreement and the Terms, such other agreement will prevail. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 18 - GOVERNING LAW & COURTS

These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Virginia. Any legal suit, action or proceeding arising out of, or related to, these Terms or the Services shall be instituted exclusively in the federal or state courts located in Fairfax County, Virginia. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

SECTION 19 - CHANGES TO TERMS

You can review the most current version of the Terms at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to our Services. It is your responsibility to check our Services periodically for changes. Your continued use of or access to our Services or the Services following the posting of any changes to these Terms constitutes acceptance of those changes.

SECTION 20 - CONTACT INFORMATION

Questions about the Terms should be sent to us at support@nims-skills.org.